In this episode of the EXCLUSIVE RIGHTS: Intellectual Property podcast, Drew DeVoogd and Michael Graif discuss the recent Supreme Court decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, which held that Warhol’s Orange Prince silkscreen did not constitute fair use of a copyrighted photograph of the music legend.
Among other topics, Drew and Michael cover:
- Commercially used visual art and the fair use defense to copyright infringement
- The line between derivative and transformative works of art
- The terse concurrence and vigorous dissent issued with the opinion
- How this case may affect creators, their counsel, and the lower courts